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Taney and his Court: Slavery, International Law, and American Exceptionalism

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0005
Subject:
Law, Public International Law, Legal History

By the middle of the 19th century, international law had become a distinctive discipline in America. It had a philosophy, a political and judicial purpose, a literature, and apparently, a bright ... More


Scott v. Sanford

Lackland H. Bloom

in Do Great Cases Make Bad Law?

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199765881
eISBN:
9780199366903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765881.003.0005
Subject:
Law, Legal History

Scott v Sanford, the Dred Scott case, is unquestionably the most infamous case ever decided by the Supreme Court. This chapter provides a detailed account of the historical circumstances leading to ... More


A Maxim of Justice: Its Birth and Rebirth

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0009
Subject:
Political Science, American Politics

This chapter asserts that the U.S. traces the principle of equality to the idea that human beings were created in God's image, and discusses the evolution of the doctrine of equal protection via ... More


James Buchanan, Dred Scott, and the Whisper of Conspiracy

PAUL FINKELMAN

in James Buchanan and the Coming of the Civil War

Published in print:
2013
Published Online:
September 2013
ISBN:
9780813044262
eISBN:
9780813046242
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813044262.003.0002
Subject:
History, American History: 19th Century

Buchanan publicly offered support, in his inaugural address, for the outcome in Dred Scott before the Supreme Court issued its decision. Buchanan gave this preemptive endorsement after corresponding ... More


Redemption Songs: Suing for Freedom before Dred Scott

Lea VanderVelde

Published in print:
2014
Published Online:
February 2015
ISBN:
9780199927296
eISBN:
9780190252670
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199927296.001.0001
Subject:
Political Science, American Politics

The Dred Scott case is the most notorious example of slaves suing for freedom. Most examinations of the case focus on its notorious verdict, and the repercussions that the decision set off—especially ... More


James Buchanan and the Coming of the Civil War

Michael J. Birkner and John W. Quist (eds)

Published in print:
2013
Published Online:
September 2013
ISBN:
9780813044262
eISBN:
9780813046242
Item type:
book
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813044262.001.0001
Subject:
History, American History: 19th Century

As James Buchanan took office in 1857 the United States stood at a crossroads. A potential Union-breaking presidential election result had been averted. The Democratic Party maintained its control of ... More


Lincoln on Black Citizenship

Joseph R. Fornieri

in Constitutionalism in the Approach and Aftermath of the Civil War

Published in print:
2013
Published Online:
January 2014
ISBN:
9780823251940
eISBN:
9780823253012
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823251940.003.0004
Subject:
History, American History: 19th Century

This chapter traces Abraham Lincoln's position on black citizenship from his first reply to Dred Scott in 1857 through his presidency. It begins with an overview of the complex and unresolved ... More


Citizenship, Slavery, and the Constitutional Origins of the Act

George Rutherglen

in Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199739707
eISBN:
9780199979363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199739707.003.0002
Subject:
Law, Legal History, Human Rights and Immigration

The immediate origins of the 1866 Act lie in the Thirteenth Amendment, but its content goes back to the Privileges and Immunities Clause in the original Constitution. The interpretation of that ... More


The Final Chapter

Lea VanderVelde

in Redemption Songs: Suing for Freedom before Dred Scott

Published in print:
2014
Published Online:
February 2015
ISBN:
9780199927296
eISBN:
9780190252670
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199927296.003.0014
Subject:
Political Science, American Politics

This chapter summarizes the book’s main themes and presents some final thoughts. The twelve stories contained here were selected from 300 filed lawsuits, involving 239 litigants and thirty-eight ... More


“The Character of a Family” in Stowe’s Dred: On the Limits of Alternative Kinship

Holly Jackson

in American Blood: The Ends of the Family in American Literature, 1850-1900

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199317042
eISBN:
9780199369256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199317042.003.0003
Subject:
Literature, American, 19th Century Literature, Women's Literature

Turning to the American author perhaps most associated with the enshrinement of domestic kinship, this chapter argues that Harriet Beecher Stowe’s second novel, Dred: A Tale of the Great Dismal Swamp ... More


Interrogation Standards of the Fifth and Fourteenth Amendments Applied to Both Citizens and Noncitizens

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0005
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Why should constitutional protections be extended to any noncitizen in the first place? Some argue that any alien (legal or illegal) residing in the United States is entitled to full constitutional ... More


People of Color and the Promise Betrayed

Richard D. Brown

in Self-Evident Truths: Contesting Equal Rights from the Revolution to the Civil War

Published in print:
2017
Published Online:
September 2017
ISBN:
9780300197112
eISBN:
9780300227628
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300197112.003.0004
Subject:
History, American History: 19th Century

In its 1857 Dred Scott decision the Supreme Court ruled that “negroes” were not, and never had been, citizens of the United States. Two justices dissented, declaring that when the Constitution was ... More


War to the Knife: Images of the Coming Fight

Elizabeth R. Varon

in Disunion!: The Coming of the American Civil War, 1789-1859

Published in print:
2008
Published Online:
July 2014
ISBN:
9780807832325
eISBN:
9781469606200
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807887189_varon.14
Subject:
History, American History: Civil War

This chapter focuses on the antislavery consensus that the Dred Scott decision was a link in a chain of portentous events by which the Slave Power escalated its claims that the Constitution protected ... More


The State of the Country and the Church

Paul C. Gutjahr

in Charles Hodge: Guardian of American Orthodoxy

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199740420
eISBN:
9780199894703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199740420.003.0049
Subject:
Religion, Church History

Chapter forty-nine examines Hodge’s early engagement in the events surround the beginning of the Civil War. Hodge was strongly pro-Union, and wrote early about the need to keep the Union intact. In ... More


The Destiny of the Colored People: African American History between Compromise and Jubilee, 1850–1863

Stephen G. Hall

in A Faithful Account of the Race: African American Historical Writing in Nineteenth-Century America

Published in print:
2009
Published Online:
July 2014
ISBN:
9780807833056
eISBN:
9781469605364
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807899199_hall.7
Subject:
History, African-American History

This chapter discusses the advent of a uniquely American-centered historical discourse framed around self-elevation and destiny, and reflected through the lens of the American and Haitian ... More


Disputing the Supreme Court Decision, 1857

William F. Moore and Jane Ann Moore

in Collaborators for Emancipation: Abraham Lincoln and Owen Lovejoy

Published in print:
2014
Published Online:
April 2017
ISBN:
9780252038464
eISBN:
9780252096341
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252038464.003.0005
Subject:
History, Political History

This chapter examines Abraham Lincoln and Owen Lovejoy's criticism of the U.S. Supreme Court's 1857 ruling in the case of Dred Scott. The Dred Scott decision, written by Chief Justice Roger Taney, ... More


The Spirit of Brown

Roy L. Brooks

in The Racial Glass Ceiling: Subordination in American Law and Culture

Published in print:
2017
Published Online:
January 2018
ISBN:
9780300223309
eISBN:
9780300227611
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300223309.003.0002
Subject:
Sociology, Race and Ethnicity

This chapter lays the foundation for an understanding of the socio-legal race problem and possible solutions. It begins with the Supreme Court’s inglorious racial history in which the Court, from ... More


The Republican Era: 1854–1876

Jonathan Bean

in Race and Liberty in America: The Essential Reader

Published in print:
2009
Published Online:
September 2011
ISBN:
9780813125459
eISBN:
9780813135205
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813125459.003.0003
Subject:
History, African-American History

The electoral success of the newly instituted Republican Party caused many liberals to join the Party because of its opposition to slavery. Republicans, including Abraham Lincoln, declared slavery to ... More


“The dictate of a wise policy”: Judicial Opposition to Freedom

Alfred L. Brophy

in University, Court, and Slave: Proslavery Academic Thought and Southern Jurisprudence, 1831–1861

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199964239
eISBN:
9780190625931
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199964239.003.0012
Subject:
History, American History: 19th Century, Political History

A theme of this book is the centrality of considerations of utility to southern judges, particularly in slavery cases. This chapter turns to two areas of law—emancipation of slaves at death and the ... More


1857: Dave the Potter’s August Pots, Sexual Imagery, and Dred Scott

P. Gabrielle Foreman

in Where Is All My Relation?: The Poetics of Dave the Potter

Published in print:
2018
Published Online:
June 2018
ISBN:
9780199390205
eISBN:
9780199390229
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199390205.003.0010
Subject:
Literature, 20th-century and Contemporary Literature

This chapter gives a historical account of three inscriptions written by Dave the Potter in 1857, tying them contextually to significant incidents of that year in Edgefield, South Carolina: the ... More


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